Job Accommodation Network Releases Publication on Monitoring Reasonable Accommodations

Job Accommodation Network Releases Publication on Monitoring Reasonable Accommodations
http://askjan.org/media/monitoring.html
The Job Accommodation Network (JAN) has published a new document in its Accommodation & Compliance Series: Monitoring Reasonable Accommodations. Employers frequently disregard the importance of monitoring reasonable accommodations after they have been implemented to ensure that they continue to be effective. Accommodations can stop being effective for various reasons, such as: the employee’s limitations change, workplace equipment changes, the job changes, the workplace itself changes, or the accommodation becomes an undue hardship for the employer to continue to provide. This publication offers JAN’s tips for employers to follow and provides a sample form for monitoring accommodations

Registered Nurses With Disabilities: Legal Rights and Responsibilities

Registered Nurses With Disabilities: Legal Rights and Responsibilities
Leslie Neal-Boylan, PhD, APRN, CRRN, FAAN
& Michelle D. Miller, JD, MPH, RN

Abstract
Purpose: The purpose of this legal case review and analysis was to determine what kinds of cases involving nurses with disabilities are typically brought to attorneys, which cases tend to be successful, and how and when a nurse with a disability should pursue legal action.

Design
The review u sed the standard legal case analysis method to analyze legal cases that have been brought by registered nurses (RNs) with physical or sensory disabilities from 1995 to 2013. The cases span the period following the enactment of the Americans With Disabilities Act (ADA) of 1990 through the ADA Amendments Act (ADAAA) of 2008.

Methods

A nurse attorney reviewed the background material to find every case involving an RN with a disability, excluding those with mental health disabilities or substance abuse issues. Case analysis was conducted using standard legal case analysis procedures. Fifty-six cases were analyzed.

Findings
The cases were categorized into five types of legal claims: (a) disability discrimination (84%); (b) failure to accommodate (46%); (c) retaliation (12.5%); (d) association (3.6%); and (e) hostile work environment (7%). The cases were largely unsuccessful, particularly those brought under the ADA instead of the ADAAA.

Conclusions

The case analysis revealed that several cases brought by RNs with disabilities using the ADA might have been successful under the ADAAA. In addition, the case analysis has provided vital information for administrators, leaders, and clinical nurses regarding when a case is appropriate for legal action. These findings from this review will help nurses recognize when they are being treated in a discriminatory way in the workplace, what their legal rights and responsibilities are, and at what point they should pursue legal action.

Clinical Relevance
This review has relevance to all RNs working in clinical and academic settings who may have a congenital or acquired physical or sensory disability.

EEOC Settles with Hospital that Refused Job Accommodation for Nurse with Cancer

Angel Medical Center to Pay $85,000 to Settle EEOC Disability Discrimination Suit
The U.S. Equal Employment Opportunity Commission (EEOC) has settled a disability discrimination lawsuit with Angel Medical Center, Inc. of Franklin, NC. The hospital was charged with violating the Americans with Disabilities Act (ADA) by denying an employee an accommodation that would have allowed her to get cancer treatments while working full time. The hospital allegedly refused the accommodation request and then fired the nurse.

To learn more about the ADA and other laws that protect the rights of people with disabilities read “Disability.gov’s Guide to Disability Rights Laws.”

Meeting the Demands of an Expanding Health Care Workforce

Meeting the Demands of an Expanding Health Care Workforce

If you’ve ever seen the “Because” public service announcement from the Office of Disability Employment Policy, you’ve seen Kayla Woolridge swim. While filming the PSA, Kayla, who has spina bifida and uses a wheelchair, got to chatting with my staff about her career goals. Although still a few years out from college, Kayla has been thinking about becoming a neonatal intensive care unit nurse. When I heard this, I thought how great it would be if she does indeed pursue that path — because the nursing industry is going to need her.

Major law change: Section 503 to Hire People with Disabilities to take Effect on Monday, March 24


OFCCP Final Rule to Improve Job Opportunities for Individuals with Disabilities
OFCCP 503 of the Rehabilitation Act of 1973 Final Rule Fact Sheet

Beginning Monday, March 24th, 2014, businesses that work with the Federal Government will be required to set goals to employ people with disabilities at a rate of 7 percent and in doing so, keep track of their progress. The new law permits companies to invite employees to self-disclose a disability, allowing the company to conduct an internal census. With this data, companies can ensure their recruiting and hiring practices do not inadvertently exclude qualified candidates with disabilities. Employee are not required to disclose a disability.

This rule change stems from an effort to combat chronic unemployment of people with disabilities. Most recent data from the U.S. Bureau of Labor Statistics shows that in 2012:

1) The unemployment rate for non-disabled Americans stood at 8 percent, but almost doubled to 15 percent for people with disabilities;
2) The workforce participation rate for non-disabled Americans was 31.6 percent, while 76.5 percent of people with disabilities in the same age group were out of the work force entirely;
3) Median household income for a person reporting a disability was $25,420, compared to $59,411 for someone without a disability“ These numbers remain unchanged over the past 40 years despite dramatic improvements in access to physical workplaces, technology, and policy,” says attorney David Newburger, co-director of Starkloff Disability Institute. “Many people with disabilities want to work but face barriers.”

Give Nurses in Wheelchairs a Chance

Give Nurses in Wheelchairs a Chance
Alexandra Wilson Pecci, for HealthLeaders Media , December 10, 2013

Although some nurse leaders cling to the rigid requirements of the profession, others are making accommodations for nurses in wheelchairs, sending a powerful message to patients in the process.
A “walking interview” is one of the questionable—to say the least—tactics that one prospective supervisor used during a nursing job interview with Marianne Haugh.
“I had one walking interview…to see if I could handle their huge unit,” Haugh recalls, a note incredulity still present in her voice when she talks about it. Haugh was born with spina bifida, and although she can walk short distances, she relies primarily on a wheelchair to get around.

Americans with disabilities may be the best workers no one’s hiring

Americans with disabilities may be the best workers no one’s hiring

Walgreens actually prefers disabled employees because they’re more efficient workers, explains a new report
BY THE MONITOR’S EDITORIAL BOARD

Walgreens and now a report by the National Governors Association show businesses can benefit by seeing disabled workers not as charity cases but employees with uncommon qualities that can enhance profits.

Few people noticed, but last week marked the 23rd anniversary of the 1990 passage of the Americans with Disabilities Act. That landmark law is best known for mandating such conveniences as designated parking for people with disabilities, wheelchair ramps, and Braille on elevators. A whole generation has now benefited from it. But one thing has not changed very much for America’s 54 million disabled people: landing a job.

That may change with a report last week by the National Governors Association. It is called “A Better Bottom Line: Employing People with Disabilities.” Note the words “bottom line.” The report aims to help states support a trend in American business led by Walgreens. Since 2007, the drugstore chain has hired those with disabilities not out of magnanimous charity but for the competitive advantage in employing disabled workers.